ROBSON v. AMERICAN CASUALTY COMPANY OF READING, PA.

No. 13511.

304 F.2d 656 (1962)

W. W. ROBSON, Jr., Dorcas Robson, Daniel W. Robson and John H. Robson, individually, and comprising the Co-partnership d/b/a Marquette Coal and Mining Company, Plaintiffs-Appellees, v. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a corporation, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied August 15, 1962.


Attorney(s) appearing for the Case

Michael J. Thuma, Berchem, Schwantes & Thuma, Chicago, Ill. (Richard Owen Young, Oak Park, Ill., of counsel), for appellant, American Cas. Co. of Reading, Pa.

A. Denison Weaver, Chicago, Ill., for appellee.

Before KNOCH, KILEY and SWYGERT, Circuit Judges.


KILEY, Circuit Judge.

This is a diversity suit to recover $15,000 which plaintiffs undertook to pay, and which they claim their insurer, defendant, ought to have paid, in settlement of a personal injury and property damage suit. Both plaintiffs and defendant filed motions for summary judgment.1 The court granted plaintiffs' motion and defendant has appealed.

Plaintiffs' automobile collided...

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